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The Corporation of the Township of Tiny
By-law 23-075
Being a By-Law to Regulate
the Provision of Municipal Water by the Township of Tiny
and to Repeal By-Law 23-020
Passed: December 13, 2023
As Amended / Repealed by By-law Number:
Repealed By / Amended By
By-law No.
Passed on:
Amended by
25-021
April 10, 2025
Amended by
26-015
April 1, 2026
THE CORPORATION OF THE TOWNSHIP OF TINY
BY-LAW 23-075
Being a By-Law to Regulate
the Provision of Municipal Water by the Township of Tiny
and to Repeal By-Law 23-020
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, (the "Municipal Act") provides that the powers of a municipality
under the Municipal Act or any other Act shall be interpreted broadly so as to
confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues;
AND WHEREAS Section 11 of the Municipal Act authorizes a lower tier
municipality to provide any service or thing that the municipality considers
necessary or desirable for the public and includes the power pass by-laws
with respect to those matters for which it has jurisdiction pursuant to the
Municipal Act;
AND WHEREAS The Corporation of the Township of Tiny has jurisdiction to
pass by-laws with respect to public utilities including water distribution
pursuant to the Municipal Act as a service provided to the public within the
municipality;
AND WHEREAS Sections 79 and 80 of the Municipal Act authorize a
municipality, at reasonable times, to enter onto land and into buildings to
which it supplies a public utility and including the right to inspect, install,
repair, replace or alter a public utility meter;
AND WHEREAS it is necessary to make substantive changes to the by-laws
regulating the provision of municipal water by the Corporation of the
Township of Tiny to ensure the users of the water works of the Township of
Tiny continue to receive an abundant supply of pure and wholesome water,
to ensure an efficient and effective water works utility operation and to
ensure that the rates charged to the users are reflective of actual costs
incurred to operate the water works;
AND WHEREAS it is deemed necessary to consolidate all regulatory by-laws
affecting the provision of municipal water;
NOW THEREFORE the Council of the Corporation of the Township of Tiny
hereby enacts as follows:
1.
DEFINITIONS:
For the purpose if this By-law:
1.1
"Allotted Water Service" shall mean the capacity for the supply and
distribution of Municipal Water that has been allotted to a property by
the Municipality.
1.2
"Commercial" shall mean the use of land, building or structure for the
purpose of buying and selling commodities and supplying of services
as distinguished from uses such as manufacturing or assembling of
goods, warehousing, transport terminals, construction and other
similar uses.
1.3
"Consumer" shall mean the owner, occupant, or any other person,
that occupies property that is receiving Municipal Water.
1.4
"Capital Water Fee(s)" shall mean a fee set by Council, from time to
time by by-law, for future replacement of Water Works.
By-law 23-075
Page 2 of 18
1.5
"Corporation Stop" shall mean a water service shut off valve located
at a street water main.
1.6
"Council" means the Council of the Corporation of the Township of
Tiny.
1.7
"Cross Connection(s)" shall mean any connection between the
Water Works and any other water source.
1.8
"Curb Stop" shall mean a water service shut off valve, rod and curb
box located near the municipal property line, between the water main
and the Property Owner's Eligible Building. For clarification purposes,
the Curb Stop is the property of the Municipality.
1.9
"Eligible Building" shall mean any structure in the Municipality that
can be used as a residence or business where plumbing facilities are
required by the Ontario Building Code.
1.10
"Industrial" shall mean the use of land, building, or structure for the
purpose of warehousing of goods and materials, the assembly of
manufactured goods, the repair and servicing of goods, and other
similar uses.
1.11
"Institutional" means:
a. The use of land, buildings or structures for a public or non-profit
purpose and without limiting the generality of the foregoing, may
include such uses as schools, places of worship, indoor recreation
facilities, community centres, public hospitals and government
buildings; or
b. The use of land, buildings or structures for religious, charitable,
educational, health or welfare purposes, and includes churches,
places of worship, public or private schools and nursery schools; or
c. The use of land, buildings or structures designed, adapted or used
for medical, surgical, charitable or other treatment or care of
persons, or for detaining persons for correctional, disciplinary or
other purpose, and shall include a children's home, a home for the
aged or the infirm, a monastery, nunnery, or religious retreat, a jail,
reformatory or training school, and all other such uses.
1.12
"Municipal Engineering Standards" shall mean the most recent
engineering standards accepted by the Municipality.
1.13
"Multiple Residential Use" shall mean one or more habitable rooms
designed or intended for use by more than one individual or family as
an independent and separate housekeeping establishment containing
separate kitchen and/or sanitary facilities for each individual or family.
1.14
"Municipal Water" shall mean water drawn, treated and provided by
the Municipality.
1.15
"Municipality" or "Township" shall mean the Corporation of the
Township of Tiny and includes, where the context permits, its duly
authorized officers, contractors, employees, agents and Water Works
Employees.
1.16
"Operation Water Fee(s)" shall mean a fee set by Council, from time
to time, by by-law, for the cost recovery of operational costs of the
Water Works in the Municipality.
1.17
"Owner" shall mean the person who owns a property, including a
developer, firm, corporation, contractor, or responsible individual in
charge of the property at any given time.
By-law 23-075
Page 3 of 18
1.18
"Occupant" Shall mean a person who occupies property or building
to which water is supplied by the municipality or that has an Allotted
Water Service.
1.19
"Person" includes an individual, a sole proprietorship, a partnership,
an association, a Consumer, an Owner, a Property Owner, a
corporation or other legal entity and their respective heirs, executors,
administrators or other legal representatives of a person to whom the
context can apply according to law.
1.20
"Property Owner" shall mean the owner of a property who is
receiving Municipal Water or has an Allotted Water Service.
1.21
"Residential Unit" shall mean one or more habitable rooms designed
or intended for use by an individual or family as an independent and
separate housekeeping establishment in which one kitchen and
sanitary facilities are provided for the exclusive use of such individual
or family.
1.22
"Service Connection(s)" shall mean a plumbed connection from the
municipal water system to a property past the curb stop with the
purpose of supplying water from the municipal water system.
1.23
"Stopcock" shall mean the first water service shut off valve located in
a water service line within a building, when closed, shuts the water off
to the connected distribution pipes within the building.
1.24
"Treasurer" shall mean the Treasurer of the Municipality
1.25
"Water Connection" shall mean the connection from the Curb Stop
to the Stopcock.
1.26
"Water Meter Package" shall mean the water meter, isolation valve,
and remote reading pad (if applicable).
1.27
"Water Rates" shall mean the rates charged by the Municipality, from
time to time, for the use of Municipal Water. The Water Rates shall be
enacted by By-Law and shall include Operation Water Fees and
Capital Water Fees based upon reasonable costs incurred or
anticipated, and approved by Council.
1.28
"Water Service" shall mean the water line including such
components as the pipe, tracer wire, seasonal valve, service box and
rod that is provided to move water from the Curb Stop to the
Stopcock.
1.29
"Water Service Installation" shall mean the installation of a water
service from the Corporation Stop to and including the Curb Stop.
1.30
"Water System" shall mean a continuous collection of pipes, mains,
and structures owned and maintained by the Municipality for the
supply of potable water to a local community which operates
independently from other Water Systems in the Municipality. In the
Township of Tiny, this includes the following systems:
a. Bluewater
b. Caste Cove
c. Cook's Lake
d. Georgian Bay Estates
e. Lafontaine
f.
Lefaive
g. Pen north
h. Perkinsfield
i. Rayko
By-law 23-075
Page 4 of 18
j.
Sawlog Bay
k. Tee Pee Point
I.
Thunder Bay
m. Vanier Woods
n. Whippoorwill
o. Woodland Beach
p. Wyevale
1.31
"Water Works Employee" shall mean an employee of the
Municipality whose duties include the operation and maintenance of
the Water Works.
1.32
"Water Works" shall mean any works that is either owned and/or
operated by the Municipality for the treatment, storage, supply or
distribution of Water, or any part of any such works.
1.33
"Winterized Service Valve" shall mean a water shut off valve located
in the water service line approximately 1.5 metres away from the
Property Owner's Eligible Building.
2.
GENERAL PROVISIONS:
2.1
This By-Law shall apply to all Municipal Water Systems located within
the Township of Tiny.
2.2
The Municipality shall manage, maintain and operate the Water Works
heretofore and hereafter established and constructed in the
Municipality in accordance with the provisions of the Public Utilities
Act, R.S.O 1990, c. P.52, the Municipal Act, 2001, S.O. 2001, c. 25,
the Safe Drinking Water Act, 2002, S.O. 2002 c. 32, as amended from
time to time, all other applicable legislation and this by-law.
2.3
The Municipality agrees to use diligence in providing a regular
uninterrupted supply of Municipal Water, but does not guarantee
service or the maintenance of unvaried pressure and will not be liable
in damages to the Property Owner or any other Person by reason of
any failure in respect thereto.
2.4
Notwithstanding anything herein stated, there shall be no obligation on
the part of the Municipality to service any lands within the Municipality
that are not presently serviced for the supply of Municipal Water. The
Municipality reserves the right to determine what areas and when such
areas will be serviced with Municipal Water.
2.5
The rules and regulations set out in this by-law shall govern the
provision and use of Municipal Water and shall be considered to form
a part of the agreement between the Municipality for provision of
Municipal Water to each Consumer. By applying for and receiving
Municipal Water, a Consumer, shall be deemed to have expressed
his/her consent to be bound by the said rules and regulations.
2.6
The Director of Public Works shall be responsible for the operation and
maintenance of all Municipal Water Systems and is authorized to take
such measures as are necessary and proper to ensure an adequate
and continuous Municipal Water Supply and to safeguard the drinking
water objectives as established by the Safe Drinking Water Act, the
Ministry of Environment, or such other approval authority.
2.7
The Director of Public Works, or other duly authorized employee, may,
in the case of an emergency which may imperil the supply or quality of
water, shut off the Municipal Water Supply and take such remedial
action as may be necessary. Such remedial action may include limiting
or stopping up the supply of water in any area or restricting the use of
water for any specific purpose.
By-law 23-075
Page 5 of 18
2.8
When the Director of Public Works or other duly authorized employee
deems it necessary to limit or shut off the Municipal Water Supply due
to an emergency situation, the Township shall not be liable for
damages incurred due to such action. Reasonable efforts will be made
by the Township to notify the affected owners.
2.9
In accordance with Section 449 of the Act, as amended, no proceeding
based on nuisance, in connection with the escape of water from water
works, shall be commenced against the Township, a member of a
municipal council or of a local board, or an officer, employees or agent
of a municipality.
3.
CONNECTION TO MUNICIPAL WATER WORKS:
3.1
Connections to a Municipal Water Works shall be made as follows:
3.1.1 The Owner shall apply in writing to the Municipality, on a form
provided by the Municipality for such purpose, for an Allotted
Water Service, a Water Service Installation and/or a Water
Connection as applicable.
3.1.2
The Municipality shall confirm if there is an Allotted Water
Service to supply the property.
3.1.3 Where no Allotted Water Service exists for the property and a
service is deemed viable by the Water Department, the Owner
shall provide an Allotted Water Service Deposit as prescribed
in the current Fees and Charges By-law. The Owner shall be
responsible for all of the Municipality's costs related to
determining if the property can have an Allotted Water Service.
All of these costs are to be deducted from the Allotted Water
Service Deposit. The Municipality may require the Owner to
replenish the Allotted Water Service Deposit to the full amount
originally required prior to proceeding with any stage of its
work. The Municipality is not required to proceed until it is
satisfied that the deposit has been replenished sufficiently. If
the Municipality determines there cannot be an Allotted Water
Service for the property, the Municipality will return the
balance, if any, of the Allotted Water Service Deposit to the
Owner.
3.1.4
Where it is determined that the property can be Allotted a water
service, the Owner shall provide the Water Capital Fee and a
Water Service Installation Deposit as prescribed in the current
Fees and Charges By-law prior to the Municipality commencing
its work. The Owner shall be responsible for the actual costs of
the Water Service Installation. The Municipality may require the
Owner to replenish the Water Service Installation Deposit to
the full amount originally required prior to proceeding with any
stage of the work. The Municipality is not required to proceed
until it is satisfied that the deposit has been replenished
sufficiently. Upon approval of the application and receipt of the
necessary funds the Municipality will complete the Water
Service Installation.
3.1.5
After a Water Service Installation has been completed, the
Owner may apply for a Water Connection by providing to the
Municipality a Water Connection Fee as prescribed in the
current Fees and Charges By-law.
3.1.6
Where there is an Allotted Water Service, all works and
inspections on the property to be serviced by the Water
Connection shall be as follows:
By-law 23-075
Page 6 of 18
a.
All excavations required for the installation of a Water
Connection shall be carried out by open trench unless
otherwise approved by the Municipality.
b.
The Water Connection shall be separated from all other
utility services, by location in a separate trench at a
minimum distance of one (1) metre or a distance
approved by the Municipality.
c.
The Owner applying for a Water Connection shall give
at least forty-eight (48) hours notice to the Municipality
when the Water Connection will be ready for inspection.
d.
The inspection of the Water Connection shall not
proceed until the Property Owner and its designated
agents are in compliance with the Occupational Health
and Safety Act, R.S.O. 1990, c. O.1. and it is safe for
the Municipality to carry out its inspection duties.
e.
The Municipality shall not supply Municipal Water
unless the Water Service and water meter (if
applicable) has been installed, tested, and approved by
the Municipality.
f.
The water service between the curb stop and the inside
wall of the building shall be constructed of a single run
of pipe with no joints or fittings if it is placed within 15m
of a private sewage disposal system, as per the Ontario
Building Code.
g.
No Person shall back fill a Water Connection until it has
been tested, inspected and approved by the
Municipality.
h.
The work is to be completed in accordance with the
Municipal Engineering Standards.
i.
All Commercial, Institutional and Industrial Water
Connections are subject to a review by the Municipality,
at the time of application for a Water Connection, to
determine the need for backflow prevention and the
approval of the appropriate type of device that is to be
supplied.
J-
Any Property Owner requiring an alteration to their
Water Connection shall be subject to Section 3.1 as if
they are creating a new Water Connection.
3.2
Every new Eligible Building constructed on property which has an
allotted water service shall be connected to the Municipal Water
System.
3.3
In the event of water system expansions, the Municipality reserves the
right to allot water service to properties which were previously not
connected to a water works.
3.4
The Township reserves the right to refuse any application for
connection to the Municipal Water Systems by lots which do not have
an Allotted Water Service, if the existing system, or portion thereof is
at capacity or where any and all excess capacity has been allocated to
other properties within the Water System. The allocation of excess
capacity shall be subject to such policy as Council may establish from
time to time.
By-law 23-075
Page 7 of 18
4.
WATER USAGE:
4.1
No Person shall sell or distribute Municipal Water in any manner
without the consent of the Municipality. This shall include giving water
away, permitting water to be taken or carried away, or the furnishing of
water from one building connected to the Municipal Water System to
another building.
4.2
No person, being an owner, tenant, occupant or resident of any multi-
residential, commercial or residential building supplied with water from
the Municipal Water System shall improperly waste water.
4.3
No Person shall use Municipal Water for the purpose of any outside
water use including but not limited to watering lawns or gardens, or
filling of swimming pools, except as permitted under Schedule "A".
4.4
No Person shall use Municipal Water for the purpose of watering
newly placed sod or seed except as permitted under Schedule "A" and
without first obtaining a permit from the Municipality which must be
displayed in a conspicuous location on the property.
4.5
The Municipality may impose further watering restrictions when it is in
the best interests of the Municipality to do so. The said watering
restrictions shall take effect upon any of the following:
4.5.1 placement of community information signs at Wyevale,
Lafontaine and/or Perkinsfield or other locations as may be
deemed appropriate;
4.5.2
written notice to each Property Owner effected by the watering
restrictions; or
4.5.3
public notification by placement of a notice on the
Municipality's website and through its various social media
channels.
4.6
The restrictions set out in this by-law shall not apply to a Municipal fire
fighter where Municipal Water is required for fire protection purposes.
5.
MAINTENANCE BY OWNER:
5.1
The Water Service from the Curb Stop (excluding the Curb Stop) to
the Stopcock shall be maintained by and at the expense and sole risk
of the Property Owner.
5.2
The Property Owner shall repair a broken or damaged Water Service
within fourteen (14) days of becoming aware of same or within such
time frame as directed in writing by the Municipality.
6.
RESTRICTIONS:
6.1
No Person, including a licensed plumber, shall repair, operate,
remove, inspect, tamper with or connect to the Water Works without
applying for and receiving written approval of the Municipality.
6.2
No person shall obstruct or conceal any Curb Stop, hydrant or valve by
placing on or within a one (1) meter radius of them, any structure,
building, fence, plant, material, earth, concrete, pavement, snow,
rubbish or other obstructive matter. Where the Municipality is required
to remove such items to operate, repair or replace the Curb Stop,
hydrant or valve the cost of same shall be the sole responsibility of the
Property Owner.
6.3
No person shall permit a Cross Connections at any time or for any
reason. Should a Cross Connection be found to exist, the Municipality
By-law 23-075
Page 8 of 18
has the right to turn the Water Service off until such time as the Cross
Connection has been removed and inspected.
6.4
No Person shall connect to or tamper with a fire hydrant for any
purpose without receiving written approval of the Municipality except
as follows:
6.4.1 Employees, agents, or volunteer firefighters authorized by the
Fire & Emergency Services Department; or
6.4.2
Employees or agents authorized by the Public Works
Department;
6.5
No person shall use pesticides, herbicides and insecticides on
municipally owned property having a Municipal Water supply. The
exception is noxious weeds, as set out in the Weed Control Act,
R.S.O. 1990 Chapter W. 5, deemed to be excessive by the Municipal
Weed Inspector.
6.6
Properties situated within 50 metres of a Water Works are encouraged
to limit or refrain from usage of pesticides, herbicides and insecticides.
6.7
No person shall lay or cause to be laid any pipe or main to
communicate with any pipe or main of a Municipal Water System, or in
any way obtain or use the Municipal Water Supply without the written
permission of the Township.
6.8
Any extensions or connection to a Municipal Water System shall be
constructed in accordance with the Township's Engineering
Standards.
7.
WATER METERS:
7.1
All existing Service Connections to the water system(s) as identified in
Schedule "B" and all commercial, industrial, or institutional connections
on any municipal water system shall be equipped with a Water Meter
Package.
7.2
Any new Service Connection to the water system(s) included in
Schedule "B" and any new commercial, industrial, or institutional
Service Connection on any municipal water system shall have a Water
Meter Package installed by a licensed plumber retained by the
Property Owner. The Township will supply the Property Owner with the
water meter package at the time of issuance of the Building Permit,
and upon payment of all associated costs. The meter installation shall
be inspected by the Municipality prior to water being supplied by the
Municipality. Billing will begin on the date of final inspection.
7.3
When a water system is added to Schedule "B":
7.3.1 All Property Owners on that system are to promptly schedule
an appointment for the installation of the Water Meter Package
when properly contacted for the same by the Township or its
installer.
7.3.2
The Property Owner shall permit entry to the property and all
buildings and premises located on the property for the initial
installation of the Water Meter Package and any subsequent
entry onto the property and the building and premises on the
property for the reading or repair of the meter at reasonable
times.
7.3.3
A Property Owner who refuses the initial installation of the
Water Meter Package will be responsible for all additional costs
for a later installation.
By-law 23-075
Page 9 of 18
7.4
Any Property Owner where a meter is required not permitting access
for the installation of a water meter package may be subject to an
interruption or limiting of water service and/or annual flat operating and
capital rate charges of double the standard flat rate charges set out in
the current Fees and Charges By-law.
7.5
Where a Property Owner continually refuses to allow the Township to
install a water meter, the Township may choose to install a metering
pit at the property line. The installation cost shall be charged to the
Property Owner.
7.6
The meter package, once installed to the standards of the Township,
shall not be changed, removed or altered by any Person except by
Persons authorized by the Township.
7.7
No Person shall tamper with or willfully damage a water meter.
7.8
If a meter is found to be defective, the cost of repairs shall be paid by
the Township.
7.9
If a meter is damaged by the carelessness or neglect of any person
other than an employee or agent of the Township, the Property Owner
shall pay to the Township the cost of making the necessary repairs.
7.10 Any leak that may develop at the meter or its couplings shall be
reported immediately to the Township for repairs. The Township shall
not be held responsible for any damages resulting from such leaks.
7.11 The Property Owner shall provide adequate heat in the premises to
prevent damage to the meter from freezing.
7.12 The Property Owner shall provide ready and convenient access to the
meter and appurtenances so that the meter and appurtenances may
be examined by Township staff or persons authorized by the Township
upon request and any necessary maintenance, repair or replacement
can be completed.
7.13 Where the Township determines that water meters shall be replaced
on a water system, the Municipality will bear the cost. Any meter
replacement requested by the Property Owner will be at their cost.
7.14 Meters shall remain the property of the Township and shall not be
boxed in such manner as to prohibit the meters from being read,
examined or removed.
7.15 Where the Township has established that a water meter has failed to
register accurately, the municipality shall estimate the quantity of water
consumed. The recorded consumption prior to such failure will be the
basis of estimating quantities consumed during the failure.
7.16 Where the Township has reason to believe that a meter is inoperable
and is unable to gain access thereto for inspection and repair, written
notice shall be sent by registered mail, courier or personal delivery to
the owner. Such notice shall require that access to the subject meter
be provided to the Township within twenty- one (21) days of the date
of the Notice. If access is not granted within the said 21 days, the
Municipal Water Supply to the subject property may be shut off or
reduced. Water will only be fully shut off if the property in not a primary
residence.
7.17 Where the Municipal Water Supply has been shut off under Section
7.16, the Director of Public Works shall turn on the water supply, when
the owner has complied with the following conditions:
By-law 23-075
Page 10 of 18
7.17.1 Access has been provided to the meter for inspection and
repair by the Township; and,
7.17.2 The Re-Connection fee as set out in Schedule "C" has been
paid to the Township and the owner's account is paid in full or
satisfactory payment arrangement have been made with the
Director of Finance.
The property owner or an authorized agent must be present when the
water is turned back on to ensure there are no leaks in their system.
7.18 A customer may, upon written application to the Municipality, have the
water meter at his or her premises tested for accuracy of registration.
Every such application shall be accompanied by a deposit of the fee
for testing water meters set out in the current Fees and Charges By-
law. All water meters shall be tested in accordance with American
Water Works Association Standards and Procedures. If when tested,
the meter is found to operate outside of applicable specifications, the
Water Department will estimate or cause to be estimated, the
applicable flow volume underage or excess and a refund or charge will
be made to the customer as applicable. The time frame used for the
calculation of the estimate shall be limited to the four (4) month period
prior to testing. If the testing determines that the meter reads in excess
of the actual flow volume, the customer's deposit for the test shall be
refunded.
7.19 Where the water meter is equipped with a remote read-out unit of any
type and a discrepancy occurs between the reading at the register of
the water meter itself and the reading on the read-out device, the
Township will consider the reading at the meter to be correct and will
adjust and correct the customer's account accordingly.
7.20 Where a discrepancy is acknowledged between the reading at the
register of the water meter itself and the reading on the read-out
device, as noted in 7.19, or any other acknowledged discrepancy, the
Township will adjust the customer's account to a maximum of 1 year
from the date of discovery.
8.
WATER CONNECTION RATES, WATER RATES AND FEES:
8.1
The Municipality shall complete all Water Connections including all
upgrades. The Owner shall pay all fees for the Water Connection. The
cost of the Water Connection shall be the actual cost of the Water
Service installation and shall be borne by the Owner. A deposit as set
out in the current Fees and Charges By-law shall be provided at the
time of application. The final cost shall be calculated on a cost-plus
basis, taking into consideration material, labour, equipment and a ten
percent (10%) administration fee.
8.2
A Disconnection/ Re-connection Fee as set out in the current Fees
and Charges By-law shall be charged for the turning off/on of the
Municipal Water Supply where such action is necessitated by:
8.2.1 A written request by the owner;
8.2.2
Non-payment of water bills; or
8.2.3
Failure to provide access to the water meter for inspection,
replacement, repair or installation.
8.3
Every Property Owner shall pay the Water Rates applicable to the type
of use of the property such as Commercial, Institutional, Residential
Unit or Multiple Residential Use, metered use, or unmetered use as
prescribed in the current Fees and Charges By-law.
By-law 23-075
Page 11 of 18
8.4
All Connected Properties Shall Pay Fee(s):
8.4.1 When an Eligible Building is connected to Municipal Water
upon which a Capital Water Fee and/or Operation Water Fee
should have been levied and no fee was charged, the
Municipality shall charge the fee(s) from the beginning of the
current year, and for each year from and including 2004 or the
year of the building's construction, whichever is more recent, if
the Eligible Building could have been occupied during that
period.
8.4.2
The Municipality shall add the fee(s) to the tax roll for the
property where the Eligible building is situated.
8.4.3
Costs in arrears, since and including the 2004 calendar year
may be paid by lump sum or paid over a period of time not
exceeding three (3) years in equal installments and no interest
to be charged.
8.5
When the Municipality has determined that a Curb Stop is located at a
lot line but no Water Service has been completed to the occupied lot
having an Eligible Building or where there is an Allotted Water Service
for a lot having an Eligible Building where such lot does not have a
Water Connection, the Municipality shall charge the Property Owner
the full unmetered Operation Water Fee(s) as prescribed in the current
Fees and Charges By-law. Nothing in this by-law shall compel a
Property Owner to complete a Water Connection.
8.6
An undeveloped property with an Allotted Water Service and Curb
Stop located at the lot line shall be charged the full unmetered Capital
Water Fee as prescribed in the current Fees and Charges By-law.
8.7
Unmetered Water Services:
8.7.1 All water service accounts which are not required to be
metered or who are required to have meters but are not
required to pay metered rates, as set out in schedule "B", shall
be billed annually as part of their Property Tax Bills at the rate
set out in the current Fees and Charges By-law.
8.7.2
Water Connections for a new service which does not require
the installation of a meter package, shall be charged a prorated
Water Rate for the portion of the Operation Water Fees, as set
by Council, based upon the Operation Fee divided by twelve
times the number of month or part of a month of connection.
Capital Water Fees, as set by Council, shall be charged at
100% of the annual fee regardless of the portion of the year
connected. Such amount shall be added to the Property Tax
Bill as per Section 8.7.1 above for the following year.
8.7.3
Multiple Residential Use shall be charged Water Rates as
described in the current Fees and Charges By-law as part of
their Property Tax Bill.
8.8
Metered Water Services:
8.8.1 All Service Connections to the water system(s) as identified in
Schedule "B" as being on the metered rates and all
commercial, industrial, or institutional connections on any
municipal water system shall be equipped with a Water Meter
Package.
By-law 23-075
Page 12 of 18
8.8.2
The water department shall read, or cause to be read, water
meters four times per year within one week of March 31st,
June 30th, September 30th, and December 31st.
8.8.3
Metered water services shall be charged Water Rates as
described in the current Fees and Charges By-law.
8.8.4 A bill shall be issued quarterly to the Owner of each metered
property and shall be issued at least twenty-one (21) days prior
to the due date set out in Section 8.8.6.
8.8.5 If the Township ascertains that municipal water has been used
which has not passed through the meter of such premises, the
water used will be billed at an estimated volume plus an
administrative penalty fee as set out in the current Fees and
Charges By-law. The Township may without notice, shut off
and stop or limit the supply of water. Water will only be fully
shut off if the property in not a primary residence.
8.8.6
Water bills shall be due and payable on the final business day
of January, April, July, or October. Whichever occurs soonest
after the date of billing.
8.9
Unpaid Fees:
8.9.1 When an account is not paid by the due date on the bill, a late
payment charge, shown in the current Fees and Charges By-
law, will be assessed to the account.
8.9.2
In December of each year all unpaid and overdue water bill
amounts as well as an administrative fee as set out in the
Municipal Fee By-law will be added to taxes and collected in
like manner as taxes, as provided for under the Municipal Act.
8.9.3 In extenuating circumstances, if a customer omits, neglects, or
refuses to pay any bill rendered, whether for water service,
materials, service charges or any other monies to which the
Township may be entitled in respect of the water service to
such premises, the Township may, at its own discretion, limit or
shut off the flow of water to that service. Service will only be
shut off where the property is not a primary residence.
8.9.4
Where the property has changed ownership and the previous
owner has not paid their outstanding water bills, all outstanding
charges for the supply of water services will be added to the
tax roll of the property to which the service was supplied and
collected in the same manner as municipal taxes.
8.9.5
The amount payable to the Municipality by a Consumer for
Water Rates is the responsibility of the Property Owner. The
amount payable for Water Rates or Water Connections or
other work performed by the Municipality pursuant to this by-
law is a lien and charge upon the estate to interest in such land
of the person by whom the amount is due, and may be
collected by distress upon the goods and chattels of the person
and by the sale of the person's estate and interest in the lands
and in the case of an amount payable by the Owner, the
amount is a lien and charge upon the lands in the same
manner and to the same extent as municipal taxes upon land.
8.9.6
The Treasurer shall, upon notice to him or her of the amount
due and of the person by whom it is due and of the lands upon
which a lien is claimed, enter the amount upon the collector's
roll and the Municipality shall proceed to collect the amount
By-law 23-075
Page 13 of 18
from the goods and chattels and the estate or interest in the
lands of the person liable in the same way, as nearly as may
be, as municipal taxes are collected.
8.9.7
The Municipality, before taking proceedings under this Section,
may itself distrain upon the goods and chattels of the person
liable to pay for the amount due for any public utility supplied to
the person.
8.9.8
Where the supply of water cannot be shut off without shutting
off the supply to other Consumers who are not in default, the
supply of water shall not be shut off, but the fees, rates and
charges shall be, nevertheless recoverable.
8.10 In new subdivisions connected to a municipal water system, capital
water fees shall be payable to the Township as of the publishing of the
Certificate of Substantial Completion of Underground Works, unless
otherwise agreed upon within the applicable Subdivision Agreement.
9.
ENFORCEMENT:
9.1
Every person who contravenes any provision of this by-law is guilty of
an offence and on conviction is liable to a fine as provided for in the
Provincial Offences Act.
9.2
Any person who tampers with, alters, obstructs, removes, neglects,
interferes with, or damages any Water Works shall, in addition to any
other penalty allowed by law, be held liable for the cost of repair to the
equipment of the Water Works.
9.3
The owner shall be held liable for any damage to the meter or other
equipment of the Township which may be willfully caused by the
owner, or result from carelessness or negligence on the part of the
owner, or on the part of any person acting for or on behalf of the owner
and in particular, without limiting the foregoing, for damage occasioned
by operating the Township's curb stop in lieu of control valve, for
damage due to ground wire attachments and for damage to the meter
caused by hot water or steam from the building of frost.
9.4
The provisions of this by-law shall be enforced by: a Municipal Law
Enforcement Officer, Police Officer, Peace Officer or other person
appointed for the purpose of enforcing this by-law.
9.5
The Municipality may, at reasonable times, enter on land to which it
supplies a water service to:
9.5.1 Inspect, repair, alter or disconnect the service pipe and other
works used to supply a water service; or,
9.5.2
Determine and shut off or limit the water supply when it is
found to be used in contravention of this bylaw.
9.6
Notwithstanding Section 9.5.2 of this by-law, where a Municipality is
entering onto an Owner(s) property it shall provide reasonable notice
of any proposed shut off or limiting of water to the Owner(s) of the land
by personal service or prepaid mail or by posting the notice on the land
in a conspicuous place. Water will only be fully shut off if the property
in not a primary residence.
9.7
No person shall hinder or obstruct, or attempt to hinder or obstruct,
any person exercising a power or performing a duty under this by-law,
the Municipal Act, or the Safe Drinking Water Act.
9.8
Any person who has been alleged to have contravened any of the
provisions of this by-law, shall identify themselves to the person
By-law 23-075
Page 14 of 18
described in Section 9.4 upon request, failure to do so shall be
deemed to have obstructed or hindered the person described in
Section 9.4 in the execution of his duties.
10.
SCHEDULES:
10.1 Schedules "A" and "B" attached hereto shall form part of this by-law.
11.
VALIDITY AND SEVERABILITY:
11.1 Every Provision of this by-law is declared to be severable from the
remainder of the by-law, and if any provisions of this by-law shall be
declared invalid by a court of competent jurisdiction, such declaration
shall not affect the validity of the remainder thereof.
11.2 If any provision of the by-law is inconsistent with the Municipal Act,
Safe Drinking Water Act, or any other Act, the provision of the
applicable Act shall prevail.
11.3 By-law 22-020 is hereby repealed in its entirety.
12.
EFFECTIVE DATE:
12.1 This By-law shall come into force and effect on December 13, 2023.
BY-LAW PASSED AND ENACTED THIS 13th DAY OF DECEMBER 2023.
THE CORPORATION OF THE TOWNS P OF TINY
)
MAYOR, David Evans
CLERK, Sue Walton
By-law 23-075
Page 15 of 18
SCHEDULE "A"
In order to adequately manage and sustain safe water supplies for the
purpose of consumption and fire prevention, Watering Restrictions are in
place all year. Warm dry weather during summer months brings an even
higher demand on the water systems leading to a large decrease in potable
water supply. Watering Bans can be issued at any time when the water
system is at risk to be able to provide safe drinking water for the residents
and also Fire Protection.
Water Restrictions in Tiny Township:
-
Residents with odd number civic addresses may use outdoor water on
odd number calendar days;
-
Residents with even number civic addresses may use outdoor water
on even number calendar days;
-
Residents may only water lawns, trees and shrubs, flower gardens,
top up swimming pools, or wash vehicles between the hours of 5 a.m.
to 8 a.m. and 7 p.m. to 10 p.m. on their scheduled day;
-
Residents may wash one vehicle anytime on any calendar day per
residence;
-
Residents may use water for power washing for safety/painting
preparation any time of day;
-
Residents can apply for a watering permit, that must be displayed in a
conspicuous location, for:
o
Watering newly laid sod/seed- Watering times are 7 p.m. to 8
a.m. each day at a maximum of 14 days from the initial date of
placement.
Excessive use is defined as: Filling pools or hot tubs, power washing
driveways or residences other than for safety/painting prep, lawn watering
outside of allotted times, lawn watering during inclement weather.
Water Ban in Tiny Township:
-
Residents may NOT water lawns, trees and shrubs, flower gardens,
top up swimming pools, wash buildings, wash outdoor surfaces or
wash vehicles on any day.
-
Watering permits will not be issued after the start date of the ban.
o
Permits issued prior to the ban may still be used to the
maximum 14-day limit.
-
Vegetable gardens may be watered- no sprinklers, hand watering or
drip irrigation only.
Tiny Water
Restrictions/
Bans
Explained
Residential Lawn
Watering
.
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Flower Gardens,
Shrubs, Plants and
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Vegetable Gardens
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Vehicle Washing
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Power Washing
Driveways/Residences
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Pools and Hot Tubs
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Micellaneous
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Water
Contact the Township
Restrictions (Year Even numbered
Even numbered
Even numbered
One vehicle may be
Power washers can be
Top up only. Absolutely
Water Department for
addresses on even
addresses on even
addresses on even
washed every calender
used anytime for safety
no fillling allowed
direction.
Round)
numbered calender days numbered calender days numbered calender days day, anytime per
or paint preperations.
anyime.
from (5 a.m.-8 a.m. or 7
p.m.-10 p.m.)
Odd
from (5 a.m.-8 a.m. or 7
p.m.-10 p.m.)
Odd
from (5 a.m.-8 a.m. or 7
p.m.-10 p.m.)
Odd
residence.
Otherwise,
even numbered
Otherwise, even
numbered addresses on
numbered addresses on numbered addresses on numbered addresses on addresses on even
even numbered calender
odd numbered calender odd numbered calender odd numbered calender numbered calender days days from (5 a.m.-8 a.m.
days from (5 a.m.-8 a.m.
days from (5 a.m.-8 a.m. days from (5 a.m.-8 a.m.
from (5 a.m.-8 a.m. or 7
or 7 p.m.-10 p.m.)
Odd
or 7 p.m.-10 p.m.)
or 7 p.m.-10p.m.)
or 7 p.m.-10 p.m.)
p.m.-10 p.m.)
Odd
numbered addresses on
odd numbered calender
days from (5 a.m.-8 a.m.
numbered addresses on
odd numbered calender
days from (5 a.m.-8 a.m.
or 7 p.m.-10 p.m.)
Water Ban
Prohibited-
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Contact the Township
No lawn watering
No sprinklers, hand
No sprinklers, hand
No washing allowed
No washing allowed
No top up or filling
Water Department for
allowed
watering or drip
irrigation only
watering or drip
irrigation only
allowed.
direction.
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By-law 23-075
Page 17 of 17
SCHEDULE "B"
Water Meters are required to be installed and metered water rates shall
apply on all Commercial, Institutional, and Industrial services and all services
connected to the following Water System(s):
-
Wyevale Water System
Water Meters are required to be installed and flat rates shall apply on all
services connected to the following Water System(s) until December 31st
2024. Beyond that date, metered water rates shall apply:
-
Perkinsfield Water System